Patna High Court
SITU RAM @ SITTU RAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Situ Ram, was arrested in connection with a case alleging possession of 224.630 liters of illicit liquor, charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He claimed he was merely a passenger, unaware of the contraband, and asserted that no incriminating material was found on him. The petitioner had no prior criminal record and argued that the statutory requirement of Section 103 of the BNSS, 2023, for bail was not satisfied. The State opposed bail, contending the seriousness of the offences. Considering the petitioner’s clean antecedent, lack of direct evidence, and the period already spent in custody, the Court granted bail on condition of a Rs.15,000 bond with two sureties. The order released the petitioner pending trial.
Issues considered
- Whether the petitioner is entitled to bail for alleged offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act
- Whether the conditions of Section 103 of the BNSS, 2023, for granting bail have been met
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 47
- BNSS 2023
- clean antecedent
- excise case
- liquor smuggling
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4539 of 2026
Arising Out of PS. Case No.-740 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Situ Ram @ Sittu Ram Son of Madan Ram Resident of Badi Kabaiya, Ward
No.- 32, P.S.- Kawaiya or Kabaiya, District - Lakhisarai, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Nawada Excise PS Case No. 740 of 2025 instituted for the
offences under Section/s 30(a) & 47 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 224.630 liters
liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.4539 of 2026(2) dt.27-01-2026
2/2
that name of the petitioner has surfaced in this case as being
passenger of the vehicle in question and he was oblivious of the
fact that illicit liquor was laden in the vehicle. The petitioner is
in custody since 26.09.2025 and has got no criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nawada Excise PS
Case No. 740 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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